Ravi Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2020)

Ravi Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2020)

What the court decided

AI extract

Outcome

Bail granted to applicant Ravi on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions: (i) undertaking not to seek adjournment on dates fixed for evidence when witnesses are present; (ii) presence before the trial court on each date, failing which action under Section 229-A IPC; (iii) on misuse of bail, proclamation under Section 82 Cr.P.C. and, on failure to appear, proceedings under Section 174-A IPC; (iv) personal presence at opening of the case, framing of charge and recording of statement under Section 313 Cr.P.C.; (v) trial court to endeavour to conclude the trial within one year of release. Additionally, until normal functioning of the courts is restored, release on personal bond without sureties, with sureties to be furnished within a month after normal functioning resumes; breach of conditions to be a ground for cancellation of bail.

Issue for consideration

Whether the applicant, involved in Case Crime No. 163 of 2020 under Sections 304, 323, 504 IPC, Police Station Civil Lines, District Aligarh, should be enlarged on bail during the trial.

Court's answer

Taking into account the nature of the offence, evidence, complicity of the accused, submissions of learned counsel, and the unintentional character of the act by which the deceased died, the applicant has made out a case for bail, without expressing any opinion on the merits of the case.

Ratio / Principle

Since the bail application was decided under extra-ordinary circumstances, the applicant was to be enlarged on bail on execution of a personal bond without sureties till normal functioning of the courts is restored, with sureties to be furnished within a month after normal functioning is restored.

Detailed headnote1 paragraphs

High Court Allahabad (Hon'ble Rahul Chaturvedi, J.) allowed Criminal Misc. Bail Application No. 45025 of 2020 filed by Ravi, involved in Case Crime No. 163 of 2020 under Sections 304, 323, 504 IPC, Police Station Civil Lines, District Aligarh, and in jail since 12.5.2020. Considering the nature of the offence, evidence, complicity of the accused, submissions of counsel, and the unintentional character of the act by which the deceased died, the Court held that the applicant had made out a case for bail, without expressing any opinion on merits. Bail was granted on furnishing a personal bond and two sureties each in the like amount, subject to conditions including an undertaking not to seek adjournment when witnesses are present, presence before the trial court on each date (default actionable under Section 229-A IPC), proclamation under Section 82 Cr.P.C. and proceedings under Section 174-A IPC on misuse of bail, personal presence at opening of the case, framing of charge and Section 313 Cr.P.C. statement, and an endeavour to conclude the trial within one year. As the application was decided under extra-ordinary circumstances, the applicant was to be released on a personal bond without sureties till normal functioning of the courts was restored, with sureties to be furnished within a month thereafter.

Court No. - 67

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45025 of 2020

Applicant :- Ravi Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Srivastava Counsel for Opposite Party :- G.A.

Hon'ble Rahul Chaturvedi,J.

Heard Sri Manoj Kumar Srivastava, learned counsel for the applicant as well as learned A.G.A for the State and perused the record.

By means of this application, the applicant who is involved in Case Crime No. 163 of 2020, under Sections 304, 323, 504 I.P.C., Police Station- Civil Lines, District- Aligarh is seeking enlargement on bail during the trial. The applicant is in jail since 12.5.2020.

Contention raised by learned counsel for the applicant is that there was a heated altercation and minor scuffle between the neighbours. The deceased came to pacify the situation and in this transaction he has received a deadly push and accordingly fallen down. On account of this, he has sustained one head injury which turned to be fatal one. Therefore, the applicant, having no criminal antecedents to his credit, deserves to be enlarged on bail.

Learned A.G.A opposed the prayer for bail but could not dispute the aforesaid facts.

Keeping in view the nature of the offence, evidence, complicity of the accused and submissions of learned counsel for the parties as also taking into account the unintentional act and due to providence the deceased has died, without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.

Let the applicant- Ravi , who is involved in Case Crime No. 163 of 2020, under Sections 304, 323, 504 I.P.C., Police StationCivil Lines, District- Aligarh, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

(i) THE APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE FIXED FOR EVIDENCE WHEN THE WITNESSES ARE PRESENT IN COURT. IN CASE OF DEFAULT OF THIS CONDITION, IT SHALL BE OPEN FOR THE TRIAL COURT TO TREAT IT AS ABUSE OF LIBERTY OF BAIL AND PASS ORDERS IN ACCORDANCE WITH LAW.

(ii) THE APPLICANT SHALL REMAIN PRESENT BEFORE THE TRIAL COURT ON EACH DATE FIXED, EITHER PERSONALLY OR THROUGH HIS COUNSEL. IN CASE OF HIS ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM UNDER SECTION 229-A I.P.C.

(iii) IN CASE, THE APPLICANT MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HIS PRESENCE PROCLAMATION UNDER SECTION 82 CR.P.C., MAY BE ISSUED AND IF APPLICANT FAILS TO APPEAR BEFORE THE COURT ON THE DATE FIXED IN SUCH PROCLAMATION, THEN, THE TRIAL COURT SHALL INITIATE PROCEEDINGS AGAINST HIM, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A I.P.C.

(iv) THE APPLICANT SHALL REMAIN PRESENT, IN PERSON, BEFORE THE TRIAL COURT ON DATES FIXED FOR (1) OPENING OF THE CASE, (2) FRAMING OF CHARGE AND (3) RECORDING OF STATEMENT UNDER SECTION 313 Cr.P.C. IF IN THE OPINION OF THE TRIAL COURT ABSENCE OF THE APPLICANT IS DELIBERATE OR WITHOUT SUFFICIENT CAUSE, THEN IT SHALL BE OPEN FOR THE TRIAL COURT TO TREAT SUCH DEFAULT AS ABUSE OF LIBERTY OF BAIL AND PROCEED AGAINST HIM IN ACCORDANCE WITH LAW.

(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

Since the bail application has been decided under extra-ordinary circumstances, thus in the interest of justice following additional conditions are being imposed just to facilitate the

applicant to be released on bail forthwith. Needless to mention that these additional conditions are imposed to cope with emergent condition-:

The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

The computer generated copy of such order shall be self attested by the counsel of the party concerned.

The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

Order Date :- 15.12.2020 Vikas